Liberated Christians
Cyber Swing/Polyamory Resource Center
Promoting Intimacy and Other-Centered Sexuality


 

Phoenix Law passed without almost no support at 5 public hearings
to bar swing clubs, calling them sex act business's


Sec. 23-54. Findings; definitions; live sex act businesses prohibited

A. The City Council makes the following findings:

1. The operation of a business for purposes of providing the opportunity to engage in, or the opportunity to view, live sex acts is declared to be a disorderly house and a public nuisance per se which should be prohibited; and

2. The operation of a live sex act business contributes to the spread of sexually transmitted diseases; and - Dave notes absolutely no basis for this.   There has never been an HIV case related to swinging and STD risk among careful knowledgable couples is very low.

3. The operation of a live sex act business is inimical to the health, safety, general welfare and morals of the inhabitants of the City of Phoenix. Note MORALS of Phoenix is the real reason, the rest is totally bull!

4. Evidence in support of these findings may be found in the Sex Clubs, Factual Record, and the Sexually Oriented Businesses, Factual Record, Supplement. (Dave notes this factual record is a joke.  Overwhelming evidence presented at 5 public hearings disputing all these facts compiled by a religious right group helping the city with anti-sex laws based on bogus reports and lies)

B. In this section, unless the context otherwise requires:

1. Consideration means the payment of money or the exchange of any item of value for:

a. The right to enter the business premises, or any portion thereof; or

b. The right to remain on the business premises, or any portion thereof; or

c. The right to purchase any item permitting the right to enter, or remain on, the business premises, or any portion thereof; or

d. The right to a membership permitting the right to enter, or remain on, the business premises, or any portion thereof.

2. Live sex act means any act whereby one or more persons engage in a live performance or live conduct which contains oral sexual contact or sexual intercourse.

3. Live sex act business means any business in which one or more persons may view, or may participate in, a live sex act for a consideration.

4. Operate and maintain means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

5. Oral sexual contact means oral contact with the penis, vulva or anus.

6. Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva

C. It shall be unlawful for any person to operate and maintain a live sex act business.

D. Operation of a live sex act business is a public nuisance per se which may be abated by order of the Phoenix Municipal Court.

E. The City Attorney, in the name of the City of Phoenix, may apply to the Municipal Court for an order permitting the City to abate violations of this section.

F. After notice to the operator of a live sex act business, the judge shall conduct a hearing and take evidence as to whether a live sex act business is being operated in violation of this section.

G. If, at the conclusion of the hearing, the judge determines that a live sex act business is being operated in the City of Phoenix in violation of this section, an order shall be entered authorizing the City to abate the violation by closing the business. A copy of the order shall be delivered to the operator of the business and mailed to the owner of the property upon which the business is located.

H. Nothing in this section shall be construed to apply to the non-obscene presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial or business enterprise.

(Ord. No. G-4145, 1, passed 12-9-1998, eff. 1-8-1999; Ord. No. G-4150, 1, passed 12-16-1998, eff. 1-15-1999; Ord. No. G-4411, 1, passed 2-6-2002, eff. 3-8-2002)

Cross references: Topless bars, 6-15; sexually oriented businesses, 10-131 et seq.; sexually oriented businesses featuring nudity or live performances, 10-148; indecent conduct, 23-65 et seq.

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